(The Center Square) – Arizona voters have decided that both of the Arizona Supreme Court justices up for retention will stay. Both Justice Clint Bolick and Justice Kathryn King received almost 60% of the vote at 99% of precincts reporting, securing their spots on the Arizona Supreme Court for another six years.
Bolick has been on the Supreme Court since 2016 and King has served since 2021 – both were appointed to the bench by former Republican Gov. Doug Ducey. While retention elections are typically sweeping, Protect Abortion Rights, No Retention Bolick & King, a grassroots organization against the retention of the justices, has campaigned against these justices, citing their ruling on the 1864 abortion ban.
Following the repeal of Roe v. Wade in 2022, the Arizona Supreme Court had the ability to uphold a territorial-era abortion ban earlier this year that criminalizes abortion at all stages with exceptions only if the woman’s life is in immediate danger. There were no exceptions for rape or incest.
The law states that “every person who shall administer or cause to administered or taken, any medicinal substances, or shall use or cause to be used any instruments whatever, with the intention to procure the miscarriage of any woman then being with child, and shall be thereof duly convicted, shall be punished by imprisonment in the Territorial prison for a term not less than two years nor more than five years.”
The Supreme Court voted 4-2 to reinstate the 160-year-old abortion ban with Bolick and King voting alongside Justices John Lopez and James Beene. Chief Justice Robert Brutinel and Vice Chief Justice Ann Timmer voted against the ban and Associate Justice Bill Montgomery recused himself.
Following the ruling, both Republicans and Democrats sprung into action to create an alternative. Arizona for Abortion Access had already spent months collecting signatures for Prop. 139, which passed on Tuesday, that protects abortion up to fetal viability and beyond with a physician’s sign off. However, Republicans had not worked on any initiatives until this ruling after which they scrambled to come up with a plan.
Weeks later, Gov. Katie Hobbs signed a bill into law that officially repealed the 1864 ban, reverting back to the state’s 15-week abortion ban. If the justices were not retained, Hobbs would be able to appoint two Supreme Court justices of her choosing.
“Arizonans should have the freedom to make their own reproductive health decisions,” reads the Protect Abortion Rights campaign website. “A judge is never more qualified to make decisions about a patient’s health than the patient and their health care provider.”
Additionally, voters dismissed Prop. 137 this year which would have gotten rid of retention electrons. The proposition stated that it would end the current four and six-year term limits for trial and appellate courts and replace it with an unlimited term as long as they maintain “good behavior,” which would be determined by the JPR Commission. The proposition was also retroactive meaning that the retention votes for Bolick and King would have been dismissed
However, 77% of Arizonans voted against Prop. 137 at 99% of precincts reporting and Bolick and King will be on the Arizona Supreme Court for another six years.
